{"data":{"id":"us-de/16-del.-c.-1122","jurisdiction":"us-de","citation":"16 Del. C. § 1122","heading":"Devolution of rights.","body":"Where consistent with the nature of each right in § 1121 of this title, particularly as they pertain to a resident adjudicated incompetent in accordance with Delaware law, if the resident is determined to need a representative under federal law, or the presumption of the resident’s capacity is rebutted under § 2504 of this title, all rights devolve to the resident’s authorized representative, as established under any of the following:\n(1) An “advance health-care directive,” as defined under § 2502 of this title.\n(2) [Repealed.]\n(3) A court-appointed guardian pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court.\n(4) A default surrogate appointed under Chapter 25 of this title.\n(5) An individual who is otherwise authorized under applicable law to make the health-care decisions being made by execution of the DMOST form on the patient’s behalf under Chapter 25A of this title.\n(6) A sponsoring agency or representative payee, except where the facility itself is the representative payee, selected under § 205(j) of the Social Security Act (42 U.S.C. § 405(j)).","path":["Title 16. Health and Safety","Regulatory Provisions Concerning Public Health","CHAPTER 11. Long-Term Care Facilities and Services","Subchapter II. Rights of Residents."],"source_url":"https://delcode.delaware.gov/title16/c011/sc02/index.html#1122","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:20Z","sha256":"e3c41f4f1b96abab2810d6e37230bd007256c08a1b15fd818f190a3fb5dbd6c5","source_id":"us-de","stale":true,"prev":"us-de/16-del.-c.-1121","next":"us-de/16-del.-c.-1123"},"notice":"GroundRules: Original legal text. Not legal advice."}